1. (A) It is unlawful for a person to hunt from a public road or railroad right-of-way if the person does not have permission to hunt the land immediately adjacent to the public road or railroad right-of-way.

2. (B)

   1. (1) For purposes of this section, "hunting" includes:

      1. (a) taking deer by occupying stands for that purpose; or

      2. (b) possessing, carrying, or having readily accessible:

         1. (i) a loaded centerfire rifle; or
         2. (ii) a shotgun loaded with shot size larger than number four.
   2. (2) For purposes of this section, "loaded" means a weapon within which any ammunition is contained.

   3. (3) For purposes of this section, the terms "possessing", "carrying", and "having readily accessible" do not include a centerfire rifle or shotgun which is contained in a:

      1. (a) closed compartment;
      2. (b) closed vehicle trunk; or a
      3. (c) vehicle traveling on a public road.
3. (C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
4. (D) In addition to any other penalties, the department must suspend the hunting privileges of a person convicted of violating this section for one year from the date of the conviction.

HISTORY: [Derived from former Section 50-11-90 (1962 Code Section 28-308; 1958 (50) 1935; 1961 (52) 30, 506; 1965 (54) 477; 1969 (56) 274; 1977 Act No. 164, Section 1)]; 1988 Act No. 561, Section 1; 1993 Act No. 181, Section 1262; 2001 Act No. 69, Section 1; 2003 Act No. 50, Section 1.